Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29485 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised. 2. Heard Sri Pankaj Kumar Chaubey, Advocate holding brief of Shri Rafeek Ahmad Khan, learned counsel for the applicant, Sri Abhishek Mishra, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 195/2025, under Section 08/20 of The Narcotic Drugs And Psychotropic Substances Act, 1985, Police Station- Kabrai, District- Mahoba, during the pendency of trial. 4. As per the allegations of the FIR, the applicant is said to have been apprehended by the police on 08.07.2025 and 1.100 Kg. Ganja is said to have been recovered from his possession. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. Recovery of 1.100 Kg. Ganja has been made from the possession of the applicant, the said contraband is below the commercial quantity and which is only 100 gm. above from the minor quantity. There is no chemical analyst report to establish that the fact whether the said contraband was Ganja. There is no compliance of mandatory provision of Section 52-A of the N.D.P.S. Act. Criminal history of four cases of applicant has been explained in the bail application. The applicant is Versus Counsel for Applicant(s) : Rafeek Ahmad Khan Counsel for Opposite Party(s) : G.A. Geetesh Tiwari .....Applicant(s) State of U.P. .....Opposite Party(s)
languishing in jail since 08.07.2025. The applicant is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Learned A.G.A. has vehemently opposed the bail application on the ground that the recovery of the contraband article is of commercial quantity. He has also stated that there is criminal history of 4 cases assigned to the applicant. 7. Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail. 8.
Let the applicant- Geetesh Tiwari, who is involved in aforementioned case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 11, 2025 Sharad/- BAIL No. 29485 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad